Treaty Making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from Emerging Negotiations in Australia

International Journal of Human Rights, 2019, Forthcoming

29 Pages Posted: 31 Jan 2019

See all articles by Harry Hobbs

Harry Hobbs

University of Technology Sydney, Faculty of Law

Date Written: January 21, 2019

Abstract

No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I explore the initial developments in Victoria, and assess whether and how the United Nations Declaration on the Rights of Indigenous People has influenced the debate thus far. This analysis reveals lessons for all Indigenous peoples seeking to enter treaty negotiations with states across the globe.

Keywords: treaty, UNDRIP, Indigenous peoples, Australia, Aboriginal and Torres Strait Islander people

Suggested Citation

Hobbs, Harry, Treaty Making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from Emerging Negotiations in Australia (January 21, 2019). International Journal of Human Rights, 2019, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3319558

Harry Hobbs (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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